Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
3 years, 1 month ago

Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court

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The Supreme Court reiterated that the Section 202 CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. "If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases the Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding under Section 202", the bench comprising Justices DY Chandrachud and AS Bopanna observed while dismissing an appeal filed against a Gujarat High Court judgment refusing to quash a complaint under Section 138 of Negotiable Instruments Act. Section 204 which deals with 25 the issuance of process stipulates that if in the opinion of the Magistrate taking cognizance of an offence, there is sufficient ground for proceeding, he may issue in a summons case, a summons for attendance of the accused; in a warrant case, a warrant or if he thinks fit a summons for the appearance of the accused Referring to Re: Expeditious Trial of Cases under Section 138 of N.I. Consequently, it was held that Section 202 CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath.

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History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
17 hours, 21 minutes ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

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The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court
6 days, 1 hour ago

When FIR Omits Crucial Facts & They Are Added Later Through S.161 CrPC Statements, It Indicates Afterthought : Supreme Court

Live Law  

The Supreme Court has held that subsequent mentioning of crucial facts, which the complainant could have stated at the time of lodging of the FIR itself, would raise doubts as it indicates an afterthought.The omission of crucial facts in the FIR cannot be supplemented through witness statements under Section 161 CrPC, the Court held. The Supreme Court has held that …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 weeks, 4 days ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Principles Relating To Section 195 CrPC : Supreme Court Summarises
1 month, 2 weeks ago

Principles Relating To Section 195 CrPC : Supreme Court Summarises

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In a recent judgment, the Supreme Court summarised the principles relating to Section 195 of the Code of Criminal Procedure.This provision lays down the conditions for taking cognizance for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidenceA bench comprising Justices CT Ravikumar and Sanjay Karol culled. In …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
1 month, 3 weeks ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted
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1 month, 3 weeks ago

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted

Live Law  

The Supreme Court on November 14 sought an explanation from the Registrar how a party was able to file a counter-affidavit when its application seeking impleadment was not allowed by the Court. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing a Special Leave Petition filed against the May 17 order of the Punjab & Haryana …

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted
1 month, 3 weeks ago

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted

Live Law  

The Supreme Court on November 14 sought an explanation from the Registrar how a party was able to file a counter-affidavit when its application seeking impleadment was not allowed by the Court. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing a Special Leave Petition filed against the May 17 order of the Punjab & Haryana …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
8 months, 3 weeks ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
9 months ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC
10 months, 2 weeks ago

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.For context, Section 311 of CrPC empowers Court to summon material witness, or examine person present …

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
10 months, 4 weeks ago

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench

Live Law  

The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202 of the Criminal Procedure Code before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta. “It is… the duty …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
11 months, 2 weeks ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
1 year, 1 month ago

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court

Live Law  

The Jharkhand High Court has noted that the intention behind the exemption from personal appearance of accused, as outlined in Section 205 of the Criminal Procedure Code, is to ensure that accused individuals are not subjected to unnecessary harassment and that the complainant does not suffer any undue prejudice. Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption under Section …

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
1 year, 1 month ago

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court

Live Law  

Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. “At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of …

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
1 year, 3 months ago

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

Live Law  

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. The Kerala …

Section 202 CrPC - Evidence Of Witnesses On Behalf Of Complainant In Cheque Cases Can Be Taken On Affidavit : Supreme Court
1 year, 4 months ago

Section 202 CrPC - Evidence Of Witnesses On Behalf Of Complainant In Cheque Cases Can Be Taken On Affidavit : Supreme Court

Live Law  

The Supreme Court reitereated that in cheque cases, the evidence of witnesses on behalf of the complainant can be permitted to be taken on affidavit.In this case, the High Court quashed the order issuing summons on the ground of non-compliance with the mandate of Section 202 CrPC. However, no further direction was issued by the High Court to the learned …

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
1 year, 5 months ago

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

Live Law  

The Supreme Court observed that a Magistrate CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427. The Supreme Court observed that a Magistrate CrPC) …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 7 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 7 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court
1 year, 10 months ago

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court

Live Law  

Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment today.In this case, the complainant filed eight complaints against the accused under Section 138 of the Negotiable Instruments Act. Where …

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
1 year, 11 months ago

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings

Live Law  

The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156, Cr.P.C did not …

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court
2 years, 2 months ago

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court

Live Law  

The Supreme Court reiterated that a rape victim's statement made under Section 164 CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.The bench of CJI UU Lalit and Justice Bela M. Trivedi was considering a contempt petition which highlighted violation of mandatory directions issued in State of Karnataka by Nonavinakere Police vs. The …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 4 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
2 years, 4 months ago

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court

Live Law  

The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court
2 years, 10 months ago

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court

Live Law  

On Friday, the Supreme Court held that even for protected witnesses declared so under Section 173 of the Code of Criminal Procedure, 1973 read with Section 44 of the Unlawful Activities Act, 1967, the accused can exercise their right under Sections 207 and 161 of the Cr.P.C to obtain copies of their redacted statements which would ensure that the identity …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
2 years, 10 months ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

S.195 CrPC | No FIR Can Be Registered For Forgery/ Conspiracy Committed Before Court On The Basis Of Private Complaint: Chhattisgarh HC
2 years, 10 months ago

S.195 CrPC | No FIR Can Be Registered For Forgery/ Conspiracy Committed Before Court On The Basis Of Private Complaint: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently held that in terms of Section 195 CrPC, no FIR can be registered for forging of documents or conspiracy committed before the Court, on the basis of a private complaint. Quashing one such FIR, Justice Narendra Kumar Vyas noted,"It certainly falls within ambit of Section 195 of Cr.P.C. Advocate Somnath Verma, appearing on behalf of …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
2 years, 11 months ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

S 138 NI Act: Treat Service Of Summons In One Complaint As Deemed Service In All Complaints Arising Out Of Same Transaction – Bombay High Court Issues Guidelines
2 years, 11 months ago

S 138 NI Act: Treat Service Of Summons In One Complaint As Deemed Service In All Complaints Arising Out Of Same Transaction – Bombay High Court Issues Guidelines

Live Law  

Pursuant to Supreme Court's directions issued last year regarding expeditious trials in cases filed under section 138 of the Negotiable Instruments Act related cheque bouncing cases, the Bombay High Court has issued a circular setting out the following guidelines: 1.Magistrates trying offences under the NI Act convert a complaint under section 138 of the NI Act from summary trial to …

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC
3 years ago

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that in a cheque bounce case for insufficient funds, even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court.The Bench of Justice Sameer Jain further held that in such cases, there is no need for the Magistrate to record statements of witnesses under. …

Section 138 NI Act - Summons To Directors Justified If Complaint Avers That They Were In Charge & Responsible For Conduct Of Business Of Company : Supreme Court
3 years, 2 months ago

Section 138 NI Act - Summons To Directors Justified If Complaint Avers That They Were In Charge & Responsible For Conduct Of Business Of Company : Supreme Court

Live Law  

The Supreme Court has reiterated that the summons issued by a Magistrate on a complaint under Section 138 of the Negotiable Instruments Act to the Directors of a Company is justified if the complaint contains the basic averment that they were in charge and responsible for the conduct of the business of the company.A bench comprising Justices Ajay Rastogi and …

Omission To Record Statement Of Accused Under Section 242 CrPC Not Fatal: J&K High Court
3 years, 5 months ago

Omission To Record Statement Of Accused Under Section 242 CrPC Not Fatal: J&K High Court

Live Law  

The Jammu & Kashmir High Court has held that in the absence of any prejudice to the accused or demonstrated failure of justice, omission to record his statement under Section 242 of CrPC cannot be held to be fatal to the validity of the trial. The Court noted, "The petitioner has not been able to demonstrate as to how omission …

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage
3 years, 9 months ago

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

Live Law  

The Supreme Court held that the prosecution by the investigating agency for offence punishable under Section 193 IPC committed during the stage of investigation will not be barred under Section 195 CrPC if the investigating agency has lodged complaint or registered the case prior to commencement of proceedings and production of. The Supreme Court held that the prosecution by the …

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court
3 years, 11 months ago

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court

Live Law  

The Madras High Court has held that that a petition under Section 482 of the Code of Criminal Procedure to quash a complaint under Section 12 of the Domestic Violence Act is not maintainable.The court observed that a petition under Article 227 of the Constitution may be maintainable if it is shown that the proceedings before the Magistrate suffer from …

[138 NI Act] Accused Not Competent To Tender Evidence On Affidavit: Reiterates Punjab & Haryana HC [Read Judgment]
5 years, 1 month ago

[138 NI Act] Accused Not Competent To Tender Evidence On Affidavit: Reiterates Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has held that an accused facing trial under the provisions of Negotiable Instruments Act cannot be allowed to tender evidence on affidavit. Justice Surinder Gupta said, "the petitioner being an accused, who is facing trial in complaint under the provisions of Negotiable Instruments Act, is not competent to tender his evidence through affidavit and …

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